Driver To Be Sentenced In DWI Crash That Killed Boy Scout, 12: DA

WADING RIVER, NY — A man found guilty of driving drunk and plowing into a Boy Scout troop who were out on a hike in 2018, killing Andrew McMorris, 12, will be sentenced on Wednesday, Suffolk County District Attorney Tim Sini said.

Thomas Murphy, 61, of Holbrook, is scheduled to be sentenced by Acting Suffolk County Supreme Court Justice Fernando Camacho at 9 a.m.at the John P. Cohalan Jr. Courthouse in Central Islip, Sini said.

"Please pray for justice, strength, peace and hope as we head into court on Wednesday," a post from Andrew's family on the Andrew McMorris Foundation's Facebook page said.

Murphy was convicted by a jury on December 18 of driving drunk and killing Andrew in a crash on Sept. 30, 2018, Sini said; the jury found him guilty on all counts.

Murphy stands convicted of two counts of aggravated vehicular homicide, a felony; second degree manslaughter, a felony; second degree assault, a felony; second degree vehicular manslaughter, a felony; two counts of second degree vehicular assault, a felony; driving while intoxicated, a misdemeanor; two counts of third degree assault, a misdemeanor; reckless driving, a misdemeanor; and second degree reckless endangerment, a misdemeanor, Sini said.

He faces a maximum sentence of eight and one-third to 25 years in prison.

It was "justice for Andrew" in December when the jury found Murphy guilty, many said.

Friends turned to social media in gratitude.

"Thank you God! Now, pray for Alisa McMorris, John McMorris and Arianna McMorris, as they can finally grieve and heal. Justice for your sweet boy," one woman wrote on Facebook.

Added another, in a Facebook post: "Crying tears of relief for Alisa McMorris and her family. The jury did the right thing. Now let's pray for them as they put this horribly unnecessary chapter behind them. They can now properly mourn their loss. Sending love and prayers to you all."

Alisa McMorris spoke with Patch about the long months spent, waiting for justice for her son. "This entire process has been grueling," she said. "What has been happening in court is a terrible display of the loopholes of our system. . .The ripple effect of what that man did is horrendous and the lives of all of the boys and men that day will forever be scarred."

It was an emotional day in court when Andrew's father John described the horror of the day he watched his son take his last breaths and heard Murphy's reaction.

Although agonizing, McMorris told Patch he knew he had to speak in court. "I was guided by Andrew's spirit and as hard as if was, I needed to do this for my son."

Alisa added: "We would like to thank our friends, family and community for the compassion they have shown our family during the second worst nightmare of our lives. Their support gives us strength as we continue on the path to justice for Andrew and Troop 161." And, she added, "We will stand and fight for Andrew while he cannot."

On Sept. 30, shortly before 2 p.m., Murphy was leaving Swan Lake Golf Club to drive home after allegedly drinking alcohol since about 9 a.m., Sini said. Murphy's vehicle struck the group, killing Andrew, seriously injuring Thomas Lane, 15, of Shoreham, and injuring Denis Lane, 16, of Shoreham and Kaden Lynch, 15, of Calverton, Sini said.

On the first day of the proceedings, after a jury filed in late to Camacho's completely full courtroom at the Arthur M. Cromarty Court Complex in Riverhead, opening arguments began with Assistant District Attorney Ray Varuolo describing in detail the crash and the boys' injuries as friends and loved ones of the McMorris family, wearing red in solidarity, sobbed quietly.

"It was Mr. Murphy's choice to drink vodka to excess on a Sunday morning," Varuolo said. He described the "devastating scene," and injuries to other Scouts in the troop, who were heard "screaming in pain" during a 911 call, including Lane, whose legs were crushed and who had extensive injuries and needed a hospital bed in the kitchen during his recovery, he said.

Describing what he said happened to Andrew, Varuolo said Murphy hadn't even driven a mile when he "drifted over the white fog line" and careened into the group of 12 Scouts and six leaders, who were walking single file on the side of David Terry Road in Manorville.

Andrew, he said, ricocheted off the side mirror; his small, 100-pound body was "vaulted into the air," landing facedown in the grass and dirt. "His neck and spine were severed. He was decapitated internally," he said. Describing the scene, Varuolo described screams. "Children saw their friends being tossed around like rag dolls. John McMorris saw his 12-year-old son Andrew dying."

He added, "A little boy doesn't stand a chance against a drunk driver in an SUV."

Andrew's father knelt by his son as medical personnel tried desperately to save him; many at the scene called 911 after the crash but Murphy, Varuolo said, did not; instead, he texted his wife, he said.

When he got out of his white Mercedes SUV, Murphy reportedly said, "Oh, s---, I'm in trouble," Varuolo said. At the scene Murphy reportedly said, repeatedly, "Are the boys OK?" Varuolo said.

Andrew died 14 hours later, at 4:07 a.m. on Oct. 1.

Murphy, or "Murph" to his friends, Varuolo said, had played just six rounds of golf before he became more interested in drinking. He did not eat that day, and videos taken with his own phone show him slurring his words and professing his love for his softball buddies, men he'd grown up with, as well as dancing that morning at the Swan Lake Golf Club, Varuolo said. One friend, who'd lost his own license, was so worried that he asked Murphy if he could drive him home; although he knocked on the window, Murphy refused, closing the window and locking the doors, sealing the car and the fate of the Scouts, Varuolo said.

"Make no mistake — this was a crash, not an accident," Varuolo said at the time. He added, "One thing this is not, is a 'whodunnit.'"

Murphy was represented by attorney Steven Politi.

Murphy posted bond in the amount of $500,000 following his arraignment, which was transferred to the indictment; in addition, Murphy's license was suspended for driving while intoxicated with a blood alcohol content level of .08 or above and for gross negligence in the operation of a motor vehicle, Sini said.